OWAIS vs State Ss — 2022 PCrLJ 920 KARACHI-HIGH-COURT-SINDH

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OWAIS VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Safe custody and safe transmission of pistol and empties---Reliance---Scope---Prosecution case was that when the police party signalled the accused to stop, they made direct firing on the police party with the intention to commit their qatl-i-amd---Police also fired in self defence due to which one accused sustained injury and was apprehended, whereas the remaining accused made their escape good---In the present case, the safe custody and safe transmission of the pistols and empties had also not been proved before Trial Court---Record transpired that it had not been explained by the prosecution that the weapons and empties were retained by whom during intervening period---If it was assumed that the case property was lying in the Malkhana then no report/entry of the Malkhana had been produced to corroborate the version of prosecution---No official from Forensic Division had been examined in the case---Investigating Officer nowhere had deposed about safe custody of the pistol at Police Station and its safe transmission to the Ballistic Expert, as such positive report of Forensic Science Laboratory would not improve the case of prosecution---Prosecution was under legal obligation to prove the safe custody of the recovered weapon and its safe transmission to the Forensic Science laboratory---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

OWAIS vs State Ss — 2022 PCrLJ 920 KARACHI-HIGH-COURT-SINDH

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